The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-11-24
DRUMMER TAX
The Noted Case Argued Before
Judge SabIn IN the United
States Court.
Petitioners Counsel Cites Parallel
Cases, and a Decision of the
U. S, Supreme Court.
Petitioners Counsel Cites Parallel
Special Telegram to the Statesman
U. S. Supreme Cour


dALIHsroN, November ls.-in the United states
district court to-day argument in the noted habeas
corpus Case of Robert Q. stockton, known 90 '"rhe
Drummers Tax Case" was heard
Judge Duncan opened for the petitioner. lie
confined his argument entirely to the constitutional
or unconstitutional features of the case, to wit:
That the business and occupation of petitioner
stockton were within the scope of article l. section
s. of the federal constitution, which empowers con.
grees alone to regulate commerce between the
states and with foreign countries. The
interstate character of the business created b
Stockton was shown, and although numerous
autho tiles were quoted 10 the court, the attorney
for the petitioner practically ted his entire case
upon the Celebrated decision OF the supreme court
of the United States in the case of Robbins We. the
Taxing District of Shelby County, Tennessee. The
opinion OF Justice Bradley In thst case read at
length, and attracted the closest attention of the
coIrt. The Robbins case was nearly identica,
with the case at the bar, with one i'm
portant excep ton that it i'm osed no
tax or license upon travelling men or
drummers who represented firms residing, or
having supply depOts within, said taxing district,
thus discriminating in favor of it's own home mer
chants, whereas the Texas law under which Peti-
TONER stockton was arrested, makes no discriml
nation whatever, taxing all drummers alike. In
that case the supreme court held that the business
created by Rob- ms was interstate commerce, and
the law taxing his occupation was void and uncon-
stitutional in its application to drummers repre-
sentng foreign houses The doctrine Is plainly laid
down that, If the. state of Tennessee desires to
tax drummers who represent merchants residing
and having their depots in Tennessee, 1t Is lawful
for il t. do 30, but II cannot impose any tax upon
arGmmers representing foreign or outside firms.
In expressing the opinion of the United States
prepe court in the case Of Justice Brady, enun-
oates the legal principle, that, under the cOnstitu
don, interstate commerce law cannot be taxed at
all.
The attorney for the petitioner then read q re-
cent decision of the court of appeals, Of TeIse, In
the case of Ex-parte Asher, from Harris county.
This decision he characterized as a singularity,
8 case standing alone by itself,
~ n n ron
to override the United States supreme court. He
commended 1t to the attention of the court as Q
legal curiosity: He also cited the more recent de.
eisiOn of similar case by the supreme court of
Louisiana. This was the case of the simmons
Hardware company, Of st. Louis, vs.. MCGUIRE,
sheriff, ETC., and was cited to the court as having
very important bearing upon the case at the bar,
inasmuch as 1t recognized the authority of the
preme court Of the United States, and ratified the
decision of that court laid down In the Robbins
ease.
In declaring the Louisiana law to be uncoAstitu-
tona the supreme court of that state used the fol-
lowing language .
son all questions appertaining to the construc-
ton of provisions of the United states constitution
and laws of congress, decisions of the supreme
courts are paramount IN authority to our own,
and we regard it our duty to follow them"
Judge Duncan's presentation of the case had the
close attention of the court and numerous mem.
hers of the bar
Attorney General Hogg in his opening address
behalf the state, after referring to TIE decision
case declared man must bow to the law, but he
has right to criticize the law and he proceeded to
strongly but specially criticize and attack the
anding of Justice Bradley and his colleagues To
this end he called attention to the fact thst Chief
Justice Watt and Justices Fielder and Gray dis
sented from the opinion of the court ss laid down
by Bradley, and he read the very able
dissenting opinion by Chief Justice Waite
The attorney general laid great stress upon the
views OF the chief justice, and made telling point
with the court After citing other decisions by the
hearing in0iraCtlV
the attorney general made vigorous and very able
assault upon the finding of the supreme court in
the Robbins case. He read from the elementary
text books, which were, he eaid, superior to oven
the highest court In the land. He quoted freely
frsm Cody on taxation, wherein it is declared:
mo employment is absolutely exempt from tax
alton, and all occupations may be taxed"
Also, from Desty on taxation, to the effect that
a law imposing TAX upon transient persons does
not violate the constitution.
"If," said the Encouragement, "the clause in
the constitution under which the petitioner claims
applies to drummeIs then the rights of state a .
interfered with and infrlnged. Then has the state
Recurring to the decision of the su-
ke ' declared it was "misgaidin Hn1' In >'i It's
appearance. There is something lurking there that
needs exposing. The supreme court, ny its decis-
ion in that CASE had undertaken to do what con-
gress had omitted to do, and what 1t alone
lad right to do. The sovereign states" he
declared "by virtue of their reserved rights, have
the power and the right to tax every mans occu-
patton, This was right inherent. Patriots were
Its architec g, and it stands monument TO their
wisdom. The case of Robbins Is a weapon to
wreck the sovereign rights of the states; to at
tack its revenues Justice Bradley's opinion In
the case covered more ground than
the case called for. Previous decisions
Of the supreme court by Chief Justice Chase and
others, holding contrary views, we're not thereby
overruled."
Referring to the license being only s35. per
annum, and Stockton's refusal to pay that amount,
he declared the tax was equal to about twenty-five
cents to each county "Why, you HONOR said
the attorney general, "these drummers dig up
twenty five cents worth of dirt every time they
cross the streets. They tread heavier than
ordinary people"
on the grounds that he admitted having |
no home, and the fact he resided In the state |
for the past fourteen months maintaining these |
conditions made him citizen OF Texas.
At this point the Encouragement somewhat |
nafred his otherwise brilliant argument by an un |
dignifed attack upon ~tockton and drummer5 |
generally. He read extracts from StOcktOn's let
ter to the Fort Worth Gazette and sarcastically |
commented upon the self-importance of drum |
ners: how they always wanted the best room at
the hotel, and located it over the balance of man
kind, and yet they paid no taxes. He fercely |
assaulted Stockton for having defed and
irritated the state authorities at Tyler, |
and concluded with an elegant peroration |
on the harmony existing between the federal
aud state courts, delicately complimenting the
court on its we'll known freedom from all partisan
bids
General Hogg's argument occupied the entire
afternoon, and was listened TO with great attention